THE ACTUAL STATE OF THE LEGAL CULTURE OF UKRAINIANS AS A REFLECTION OF THE DEFORMED LEGAL CONSCIOUSNESS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.2, No. 34)Publication Date: 2020-12-31
Authors : Aveskulov Valeriy; Gurzhiy Viktoriia; Boriychuk Sophia;
Page : 33-40
Keywords : pandemic COVID-19; employee; employer; quarantine; teleworking; dismissal; restriction of rights; employee guarantees; downtime; leave; employment; employment contract; working hours;
Abstract
This scientific article is devoted to the problems of realization and protection of workers' rights due to the spread of the COVID-19 pandemic. The article examines the changes that occur in connection with the introduction of quarantine, and analyzes the difficulties that arise in the parties to the employment relationship. The legislative changes that took place in 2020 in order to adapt to new forms of society are analyzed. The article reveals the essence of remote work and the conditions under which the employer has the right to instruct employees to perform such work. It is analyzed how the employer provides the employee with working conditions that are necessary for remote work. It is indicated in what form the employment contract on home-based work is concluded, as at the time of the threat of spreading the pandemic the condition on transfer to remote work can be established in the order of the employer. Attention is also paid to the grounds for dismissal of employees during quarantine, as employers, being in a difficult situation due to quarantine restrictions, often dismiss employees illegally, which leads to violations of workers' rights and guarantees. The paper analyzes the introduction of downtime at the enterprise, as during the quarantine period, many employers are forced to make some changes in their work schedule. Particular attention is paid to wages during downtime. The article also examines the issue of sending an employee on leave «at his own expense», as it is another widely used way of registration of labor relations during quarantine, which are used by unscrupulous employers to minimize production costs and pay for work performed.
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